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A bill pushed by Senate Democrats that would have codified the right to contraceptives nationwide fell short in a test vote Wednesday, with Republicans dismissing the measure as a “show.”

The upper chamber voted 51-39 to advance the Right to Contraception Act. which would have enshrined protections for Americans’ access to birth control and prohibited future bills to curb those rights from coming to the floor. The bill needed 60 votes to clear the legislative filibuster.

Just two Republicans, Susan Collins of Maine and Lisa Murkowski of Alaska, voted to move the legislation forward.

The measure also would have authorized the Department of Justice to sue states and individuals deemed to infringe on rights to contraception.


  Senate Majority Leader Chuck Schumer (D-NY) praised Sen. Ed Markey (D-Mass.) for introducing the measure in a Wednesday floor speech. Getty Images Senate Majority Leader Chuck Schumer (D-NY) praised Sen. Ed Markey (D-Mass.) for introducing the measure in a Wednesday floor speech. Getty Images

Senate Majority Leader Chuck Schumer (D-NY), who switched his vote to “nay” so the measure could be reconsidered at a later date, praised Sen. Ed Markey (D-Mass.) for introducing the measure in a Wednesday floor speech.

“Let there be no mistake: in the aftermath of Roe’s demise, the threat to birth control is very, very real,” said Schumer, referring to the Supreme Court’s 2022 Dobbs decision that ended nationwide constitutional protections for abortion. “And that is why it so important for the Senate to act.”

In 1965, the high court codified the right to obtain contraceptives with its decision in Griswold v. Connecticut, leading Sen. John Cornyn (R-Texas) to denounce Markey’s bill as “a wolf in sheep’s clothing.”


  In 1965, the high court in Griswold v. Connecticut codified the right to obtain contraceptives, leading Sen. John Cornyn (R-Texas) to denounce the bill as “a wolf in sheep’s clothing.” AFP via Getty Images In 1965, the high court in Griswold v. Connecticut codified the right to obtain contraceptives, leading Sen. John Cornyn (R-Texas) to denounce the bill as “a wolf in sheep’s clothing.” AFP via Getty Images

“Contraception is available in every state in America, and there’s no legitimate effort to change that,” Cornyn said Wednesday. “Democrats are using their powers as the majority party to engage in fearmongering to further their own political agenda.”

“The bill before the Senate goes far beyond protecting access to contraception,” he added. “It would force healthcare providers to provide abortion drugs, regardless of any religious objections.”

The bill’s text cited Justice Clarence Thomas’ concurring opinion in Dobbs v. Jackson Women’s Health Organization, which suggested the Supreme Court “should reconsider all of this Court’s substantive due process precedents, including Griswold” and others.


  Senate Minority Whip John Thune told the Associated Press ahead of the vote, “I expect we will see a lot more show votes this summer.” AP Senate Minority Whip John Thune told the Associated Press ahead of the vote, “I expect we will see a lot more show votes this summer.” AP

Senate Minority Whip John Thune (R-SD) told the Associated Press ahead of the vote, “I expect we will see a lot more show votes this summer.”

Earlier this month, former President Donald Trump vowed to never restrict access to contraception after getting dinged by critics for saying he was “looking at” possible restrictions in a previous interview.

“I HAVE NEVER, AND WILL NEVER ADVOCATE IMPOSING RESTRICTIONS ON BIRTH CONTROL, or other contraceptives,” the 77-year-old ex-president posted on his Truth Social. “This is a Democrat fabricated lie.”


  “I HAVE NEVER, AND WILL NEVER ADVOCATE IMPOSING RESTRICTIONS ON BIRTH CONTROL, or other contraceptives,” former President Donald Trump has said on Truth Social. AFP via Getty Images “I HAVE NEVER, AND WILL NEVER ADVOCATE IMPOSING RESTRICTIONS ON BIRTH CONTROL, or other contraceptives,” former President Donald Trump has said on Truth Social. AFP via Getty Images

“I DO NOT SUPPORT A BAN ON BIRTH CONTROL, AND NEITHER WILL THE REPUBLICAN PARTY!” he added.

Democrats are spending wildly on abortion-related messaging ahead of the 2024 election, with more than $125 million pledged toward digital and TV ads as well as get-out-the-vote efforts by an array of campaign committees, PACs and outside groups.

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